California Court of Appeal

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Aldana v. Stillwagon, 259538

In a negligence suit against a paramedic who was involved in a collision while driving to the location of another accident, the trial court's dismissal of the suit as time barred, on grounds that the Medical Injury Compensation Reform Act (MICRA) limits the time to file suit against a health care provider for professional negligence to one year from the date the injury is discoverable, Code Civ. Proc., section 340.5, rather than the two-year limitations period for general negligence, section 335.1, is reversed where defendant was not rendering professional services at the time of the accident, thus the automobile collision remains a 'garden-variety' accident not resulting from the violation of a professional obligation but from a failure to exercise reasonable care in the operation of a motor vehicle.

Appellate Information

  • Decided
  • Published 2016/08/03

Judges

  • PERREN

Court

  • California Court of Appeal

Counsel

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